O’Connor’s California Practice * Civil Pretrial 2017

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Published:
April 2017
Update frequency:
Annual
Free update period:
60 days before next edition is released
Format:
Softbound
Page count:
1,560
ISBN:
978-1-59839-267-8

Book Features

For decades, California attorneys have been buying the same old pretrial procedure manuals thinking that’s all they ever need for their civil practice. Here’s a fact: those books haven’t changed much in style, form, or function since they were originally written, but the practice has. So it’s time for a fresh take on civil procedure—O’Connor’s California Practice * Civil Pretrial 2017.

With its detailed commentaries and unique chronological structure, this comprehensive yet portable book will guide you step by step through the maze of procedural rules and statutes. It will keep you off the computer and out of the library, saving you time and money. And best of all, it will make you feel smart. When’s the last time you felt that way after reading a procedure manual?

With your book purchase, you also get online access. The content will be accessible until the next edition of the book is released.

New Features for 2017

The 2017 edition contains:

  • Updated commentaries including relevant case law from the past year as well as changes to the Code of Civil Procedure, Evidence Code, California Rules of Court, Judicial Council Forms, and more. For example, we revised our discussion of spousal privileges to reflect changes made to the Evidence Code on the rights of registered domestic partners.
  • Extensively revised subchapter on anti-SLAPP motions based on recent opinions by the Supreme Court and Courts of Appeal. In particular, we updated and revised our discussion of how an anti-SLAPP motion operates against a so-called “mixed cause of action” in light of the California Supreme Court opinion in Baral v. Schnitt (2016) 1 Cal.5th 376.
  • New discussion of when cases can be cited as persuasive or binding authority since the California Supreme Court amended the Rules of Court to eliminate the practice of automatically “depublishing” published Court of Appeal decisions when the Supreme Court grants review.
  • Updated Evidence Code including legislative changes marked with underline and strikethrough, plus new annotations—quotes from recent cases interpreting specific Evidence Code sections.

Table of Contents

Charts Timetables Defendant’s Demurrer to the Complaint Defendant’s Time to Answer the Complaint Motion & Cross-Motion for Summary Judgment or Summary Adjudication Motion for New Trial Motion to Transfer Venue from Improper Court Notice of Appeal Plaintiff’s Motion for No-Answer Default Judgment Commentaries 1.General Concepts A.Introduction to California Civil Procedure B.Papers, Forms, Declarations & Affidavits C.Pleading Practice D.Law & Motion Practice E.Ex Parte Practice F.Filing Documents G.Serving Documents H.Hearings I.Rulings & Orders 2.Attorneys & Judges A.Application to Appear Pro Hac Vice B.Attorney’s Withdrawal or Removal C.Motion to Disqualify Attorney D.Motion & Statement to Disqualify Judge E.Stipulation or Motion for Reference 3.Plaintiff’s Lawsuit A.Before Suit B.Parties & Claims C.Plaintiff’s Original Complaint D.Interpleader E.Choosing the Court—Subject-Matter Jurisdiction F.Choosing the Court—Venue G.Joining the Defendant—Personal Jurisdiction H.Joining the Defendant—Service of Process 4.Defendant’s Responses & Pleadings A.Overview B.Answer C.Cross-Complaint D.Challenging Subject-Matter Jurisdiction E.Motion to Transfer or Change Venue F.Forum Non Conveniens G.Motion to Quash Service of Summons H.Demurrer I.Motion for Judgment on the Pleadings J.Motion to Strike K.Special Motion to Strike—Anti-SLAPP Motion L.Special Motion to Strike—Anti-SLAPPback Motion 5.Pretrial Motions A.Civil Case Management B.Motion for Preference C.Intervention D.Motion to Reclassify E.Shortening Time F.Extending Time G.Motion for Reconsideration or Renewal H.Relating, Consolidating & Coordinating Cases I.Requests for Continuance or Stay J.Request for Judicial Notice K.Motion for Sanctions L.Excluding Expert Testimony 6.Discovery & Privileges A.Scope of Discovery B.Attorney-Related Privileges C.Business-Related Privileges D.Spousal Privileges E.Medical Privileges F.Right to Privacy & Personal Privileges G.Journalist Privileges & Immunities H.Governmental Privileges I.Mediation Exemption 7.Methods of Discovery A.Rules for Conducting Discovery B.Depositions C.Interrogatories D.Requests for Admission E.Demands to Produce F.Medical Examinations G.Motion to Discover Financial Information H.Electronic Discovery I.Expert Discovery J.Presuit Discovery 8.Subpoenas A.General Subpoena Information B.Deposition Subpoenas C.Trial & Hearing Subpoenas D.Subpoenas for Personal Records E.Challenging & Enforcing Subpoenas 9.Resolving Discovery Disputes A.Discovery Sanctions B.Motion for Protective Order C.Motion to Quash Depositions D.Motion to Compel Depositions E.Motion to Compel Written Discovery F.Motion to Compel Discovery of Medical Information G.Motion to Enforce Deposition Subpoena for Personal Records H.Motion for Relief from Waiver of Objections 10.Disposition Without Trial A.Default Judgment B.Motion for Summary Judgment C.Motion for Summary Adjudication D.Motion for Summary Adjudication on Joint Stipulation E.Voluntary Dismissal F.Involuntary Dismissal—Delay in Prosecution G.Involuntary Dismissal—Other Grounds Statutes California Evidence Code Division 1. Preliminary Provisions & Construction Division 2. Words & Phrases Defined Division 3. General Provisions Division 4. Judicial Notice Division 5. Burden of Proof; Burden of Producing Evidence; Presumptions & Inferences Division 6. Witnesses Division 7. Opinion Testimony & Scientific Evidence Division 8. Privileges Division 9. Evidence Affected or Excluded by Extrinsic Policies Division 10. Hearsay Evidence Division 11. Writings

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